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Monday, 15 August 2016

Whether court can postpone deciding application for releasing juvenile on bail on ground that report of probation officer is not received?

When a specific question was posed as to why a direction is requiredin a case where bail is mandatory under Section 12 of the Juvenile Justice(Care and Protection of Children) Act, 2015 (hereinafter referred to as ?theAct?), the learned counsel for the petitioner submitted that the bailapplication of the juvenile is not being considered on the same day ofappearance, as the Juvenile Justice Board wants the report of the ProbationOfficer before the grant of bail and that compels the minor to stay inObservation Home which the petitioner wants to avoid. Under suchcircumstances, this application for direction is taken up.Section 12 of the Act does not contemplate obtaining of report ofthe Probation Officer before the grant of bail. If the Juvenile Justice Boardis not granting bail, the alterative option open to the Juvenile JusticeBoard is to place the Juvenile under the supervision of a Probation Officer. 6.Bail can be refused under the proviso to Section 12 of the Act, onlyif the release is likely to bring the juvenile into the association with anyknown criminal or expose him to moral, physical or psychological danger orthat his release would defeat the ends of justice. In other circumstances,so far juveniles are concerned, grant of bail is the rule and non grant ofbail is only an exception.BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2016 CORAM THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.14115 of 2016 Vigneshwaran @ Vignesh Ram

-Vs-State rep. byThe Inspector of Police,

Petition filed under Section 482 of the Code of Criminal Procedure todirect the learned Juvenile Justice Board Nagercoil Kanyakumari Districtand to consider the bail application on the surrender of the petitioner minorson in connection with the Crime No.325/2016 pending investigation on thefile of the respondent police on merits on the very same day.

It is an application seeking a direction to the learned JuvenileJustice Board, Nagercoil, to consider and pass orders on the bail petitionfiled by the petitioner on the same day of his appearance in Crime No.325 of2016 on the file of the respondent Police. A case has been registeredagainst the petitioner, who is stated to be aged 17 years, under Sections294(b), 323 and 506(ii) IPC. 2.Heard the learned counsel for the petitioner and the learnedGovernment Advocate (Crl. Side) for the respondents. 3.When a specific question was posed as to why a direction is requiredin a case where bail is mandatory under Section 12 of the Juvenile Justice(Care and Protection of Children) Act, 2015 (hereinafter referred to as ?theAct?), the learned counsel for the petitioner submitted that the bailapplication of the juvenile is not being considered on the same day ofappearance, as the Juvenile Justice Board wants the report of the ProbationOfficer before the grant of bail and that compels the minor to stay inObservation Home which the petitioner wants to avoid. Under suchcircumstances, this application for direction is taken up. 4.Section 12 of the Act, dealing with grant of bail to juvenile, isextracted hereunder for instant reference: ?12.Bail to a person who is apparently a child alleged to be inconflict with law - (1) When any person, who is apparently a child and isalleged to have committed a bailable or non-bailable offence, is apprehendedor detained by the Police or appears or brought before a Board, such personshall, notwithstanding anything contained in the Code of Criminal Procedure,1973 (2 of 1974) or in any other law for the time being in force, be releasedon bail with or without surety or placed under the supervision of a ProbationOfficer or under the care of any fit person: Provided that such person shall not be so released if there appearsreasonable grounds for believing that the release is likely to bring thatperson into association with any known criminal or expose the said person tomoral, physical or psychological danger or the person's release would defeatthe ends of justice and the Board shall record the reasons for denying thebail and circumstances that led to such a decision. (2)When such person having been apprehended is not released on bail under sub-section(1) by the officer-in-charge of the police station, suchofficer shall cause the person to be kept only in an observation home in suchmanner as may be prescribed until the person can be brought before a Board. (3)When such person is not released on bail under sub-section(1) by theBoard it shall make an order sending him to an observation home or a place ofsafety, as the case may be, for such period during the pendency of theinquiry regarding the person, as may be specified in the order. (4)When a child in conflict with law is unable to fulfil the conditionsof bail order within seven days of the bail order, such child shall beproduced before the Board for modification of the conditions of bail.? 5. Section 12 of the Act does not contemplate obtaining of report ofthe Probation Officer before the grant of bail. If the Juvenile Justice Boardis not granting bail, the alterative option open to the Juvenile JusticeBoard is to place the Juvenile under the supervision of a Probation Officer. 6.Bail can be refused under the proviso to Section 12 of the Act, onlyif the release is likely to bring the juvenile into the association with anyknown criminal or expose him to moral, physical or psychological danger orthat his release would defeat the ends of justice. In other circumstances,so far juveniles are concerned, grant of bail is the rule and non grant ofbail is only an exception. 7. Under such circumstances, the petitioner is directed to appearbefore the Juvenile Justice Board within ten days from the date of receipt ofa copy of this order and file bail application. The Juvenile Justice Board isdirected to consider and pass orders on the bail application of thepetitioner on merits on the same day of his appearance. 8.This Criminal Original Petition is accordingly disposed of.